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Fines and confiscation of property for those who have not updated their data in the TCC

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The deadline is approaching, by which conscripts must update their data in the TCC, TsNAP or in the Reserve+ application. According to the new law on mobilization, men aged 18-60 and some categories of women had two months to do so, and July 16 is the last day when it is possible to do so.

Society is actively discussing what will happen after July 16 with both those who have updated their data and those who have not. Will the mobilization become tougher, will there be more checkpoints and checks of military registration documents on the streets?

What will happen to those who updated the data

As of July 7, the last time the Defense Department reported, just over 3,1 million citizens had updated their information.

It is difficult to say whether it is a lot or a little, because there has not been a general population census in Ukraine since 2001. And the state admits that it does not know exactly how many conscripts there are in the country.

Until now, military records were not kept perfectly - many men did not update their data as required by law, and many left during the war.

But, as the Ukrainian Air Force concluded earlier, the Ministry estimates the total number of conscripts at 10,6 million.

What will happen to those who updated the data?

Most people did it through the Reserve+ app, not through a visit to the TCC. But online it is impossible to pass the military medical commission, which according to the new law on mobilization must be passed in wartime every year.

So it can be assumed that many of those who updated their data will be sent to the VLK after July 16.

Although in its statement, the Ministry of Defense explained that passing the VLK is a "separate type of military duty", that is, the process of updating data is considered complete even without a visit to the medical board.

"In order to pass the VLK, one must understand that a person can potentially be mobilized (updated the data without specifying the postponement or availability of reservation - Ed.)". Fedir Venislavskyi, a deputy from the pro-government party "Servant of the People" and a member of the Verkhovna Rada Committee on National Security, explained to BBC Ukraine.

"If their military accounting specialties are in demand at the General Staff, they can be mobilized." - says the deputy.

Conscripts cannot receive summonses online, i.e. through Reserve+.

But on July 9, the Cabinet of Ministers regulated the mechanism of centralized printing and sending summonses to conscripts by post.

That is, the process of issuing a summons should speed up and become more automated. Representatives of TCCs and joint ventures can impose a qualified electronic signature on the day of formation of the summons.

If the VLK recognizes the conscript as fit, he will most likely receive a military summons immediately.

If a person does not come according to the summons to pass the VLC, he will be fined from 17 to 25 thousand hryvnias.

Failure to appear before the TCC after the VLK without valid reasons is a criminal liability, i.e. up to 5 years in prison.

Fines and other penalties for those who have not updated their data

Those conscripts who have not updated their data by July 16 can be fined from 17 to 25 thousand hryvnias.

In addition, they can also be sent a summons - to the last address that was in the register. If the citizen does not live at this address, the summons will be considered served, even if he does not pick it up from the post office.

This rule applies to all conscripts.

Oleksandr Fedienko, a deputy from "Servant of the People" told Kyiv 24 that the data will be updated after July 16.

"Yes, automatically everyone after that date becomes a dodger who is subject to sanctions. But I want to emphasize once again that the TCC must conduct appropriate legal procedural actions with every citizen who is conscripted into the military." Fedienko said.

According to him, people who failed to update their data before July 16 will allegedly be able to do so after July 16 even without a fine, because "they independently eliminated such an offense."

There was a lot of talk in society that due to long queues at TCCs, which were often reported on social networks, the data update period could be extended even up to 120 days. There are several draft laws in the Verkhovna Rada that propose this.

But the adoption of the draft law is a procedure that takes at least several days, so there is no longer any hope of extending the deadline.

"And I want to emphasize that the capacity of the Reserve + is such that everyone who wants to can fulfill the conditions of the law. Failure to comply with the requirements of the law is already a subjective approach, unwillingness. If they don't want to, they will be brought to administrative responsibility." - says Fedir Venislavskyi.

In addition to fines, a person may be restricted from driving a car.

In order to limit someone's right to drive, the head of the TCC must prepare an application, which is submitted to the court, where the case is considered without the participation of the conscript for 30 days, Olena Khomenko from the Aktum Bar Association told BBC Ukraine.

The fact that you have been deprived of the right to drive a car can be found out in Diya or "already at a roadblock or on the street during an inspection."

In fact, everyone who has not updated their data after July 16 risks being in such a situation, says Khomenko.

As for the fine, the person has 5 days to pay it voluntarily.

If the fine is not paid, the account may be blocked. If there is the necessary amount, it will be written off, says the lawyer.

"If not, the accounts will continue to be blocked, and in parallel, the TCC can make requests about the person to the tax office, the Ministry of Internal Affairs register and other registers in order to collect complete information and a list of the property owned by the man." - says Olena Khomenko.

Khomenko draws attention to the fact that the amount may go to the state's accounts for several days. That is, even after paying the fine, accounts may be blocked for several days.

If a person systematically does not pay fines and his debt grows to approximately 150, the lawyer says, then his property will be put up for auction.

That is, property cannot be taken if a person owes the state only 25. However, fines can be imposed repeatedly, and there can be many different offenses - did not update the data, did not come to the VLC, did not appear according to the summons, etc.

The state cannot take away certain property from a conscript - this is, for example, a wheelchair, the lawyer clarifies.

If you have a lot of fines, you have withdrawn money from your accounts and you have no property, this is also not an option.

In the future, Khomenko believes, the state may find a way to influence such persons and change the legislation, replacing administrative responsibility with criminal.

Will there be mass inspections of TCCs

After the conscript has updated the data, this will be indicated in his documents. If it's Reserve+, it's a QR code that can be read by any device.

This prompts speculation that the streets of Ukrainian cities may increase checkpoints or patrols with police officers and representatives of the TCC, who can stop men and check QR codes to identify those who have not updated their data.

But there were no statements from the authorities that such mass events were really planned.

The press service of the Lviv TCC said that they do not comment on "what will happen after July 16", including whether additional road blocks will be deployed.

Fedir Venislavskyi told the Ukrainian Air Force that this is a matter for the Ministry of Defense or the General Staff.

But the press services of the departments say that you can find out about this only at the command of the Ground Forces, where the Air Force of Ukraine has already sent a request and is waiting for an answer.

The new law on mobilization does not provide that after July 16, representatives of the TCC will have any new powers.

It is also worth remembering, says lawyer Olena Khomenko, that only police officers can detain men on the street and take them to military police stations. TCC representatives cannot do this on their own.

It should also be remembered that according to the new law on mobilization, a man does not have the right to refuse to serve a summons, says the lawyer.

Previously, a person had such a right, but after May 18, it no longer exists.

"Therefore, if they give you a summons and you refuse, the police representative can start the detention procedure." - says Olena Khomenko.

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